Jammu & Kashmir High Court - Srinagar Bench
Dr. Khair Ul Nisa And Ors vs Ut Of Jammu And Kashmir And Ors on 12 August, 2022
Author: Javed Iqbal Wani
Bench: Javed Iqbal Wani
S. No. 166
Supp Cause List
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
WP(C) No. 1742/2022
CM No. 4262/2022
Dr. Khair ul Nisa and Ors ...Petitioner(s)
Through: Mr. Zaffar Shah, Sr. Advocate with
Mr. Syed Musaib, Advocate
Vs.
UT of Jammu and Kashmir and Ors. ...Respondent(s)
Through: Mr. Sheikh Feroz, Dy.AG.
CORAM:
HON'BLE MR JUSTICE JAVED IQBAL WANI, JUDGE
ORDER
12.08.2022 In the instant petition, challenge is thrown by the petitioners to advertisement notice Nos. 01 SC(MV) of 2022 dated 01.08.2022 and 02 SC(MV) of 2022 dated 01.08.2022, whereunder respondents have advertised inter-alia posts of social worker, members of Juvenile Justice Board, chairperson and members of child welfare committee in each district of Jammu and Kashmir.
According to Mr Z. A. Shah, Sr. counsel appearing for the petitioners, petitioners came to be appointed after subjecting them to a process of selection against the positions in question and have been manning the said positions pursuant to the Jammu and Kashmir Juvenile Justice (Care and Protection of Children) Act, of 2013 (for short 'the Act of 2013') and Rules of 2014 framed thereunder. Initially the term of appointment is stated to have been of three years which came to be extended for further term of one year in terms of Government order No. 13-SW-2021 dated 27.01.2021.
It is being contended that petitioners became eligible and entitled to re-appointment upto three consecutive terms based on the performance appraisal to be made by the selection cum oversight committee under and in terms of Rule 4 of Rules 2014 and further that the petitioners in terms of said Rule became eligible to seek re-appointment and continue, in all, for a period of nine years, subject to the aforesaid assessment/appraisal.
It is being further contended that upon coming into being of the Jammu and Kashmir Reorganization Act, 2019, followed by the Jammu and Kashmir Reorganization (Removal of Difficulties) order, 2019, the rights, Privileges, Obligations etc etc of the petitioners under the Act of 2013 came to be protected.
It is being next contended that despite the presence and protection provided by the Jammu and Kashmir Reorganization (Removal of Difficulties) order, 2019, the respondents issued impugned advertisement notices under and in terms of new Jammu and Kashmir Juvenile Justice (Care and Protection of Children) Act, of 2015 read with Rules of 2016. The fallout of the said advertisement notices notifying the positions occupied by the petitioners in essence is stated to affect their rights and privileges protected under the Jammu and Kashmir Reorganization (Removal of Difficulties) order, 2019. The petitioners in the process are stated to be replaced and substituted without addressing to their claim of re-appointment upto three consecutive terms.
Mr Sheikh Feroz, Dy.AG, present, enters appearance on behalf of the respondents and while opposing the contentions raised by Mr Shah, would submit that the petitioners have no right, much less one recognized under law to remain in place and to hold the positions upon coming into force of the Jammu and Kashmir Juvenile Justice (Care and Protection of Children) Act of 2015 and Rules of 2016 framed thereunder, whereunder the impugned advertisement notices have been issued.
Heard Mr Z. A. Shah, Sr. counsel for the petitioners and Mr Sheikh Feroz, Dy.AG, on behalf of caveators.
Having regard to the nature of controversy involved in the petition, coupled with the submissions made by the appearing counsel for the parties, there appears to be substance in the submissions made by Mr Z. A. Shah, Sr. counsel for the petitioners at this stage carving out a case for grant of indulgence.
Notice in the main petition as well as CM. Notice waived by Mr. Sheikh Feroz, Dy.AG, on behalf of respondents. Reply/objections by or before the next date of hearing.
List on 18.10.2022.
In the meanwhile, subject to objections and till next date of hearing, respondents shall refrain from proceeding ahead with the process of selection pursuant to the advertisement notices 01 SC(MV) of 2022 dated 01.08.2022 and 02 SC(MV) of 2022 dated 01.08.2022.
Alteration/modification/vacation on motion.
(JAVED IQBAL WANI) JUDGE SRINAGAR 12.08.2022 Ishaq